beta
(영문) 인천지방법원 2020.01.23 2019고정2277

고용보험법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant shall work from April 1, 2016 to May 31, 2017 in Nam-gu, Incheon.

After departure from employment, a person who received unemployment benefits from June 15, 2017 to November 11, 2017.

No person shall receive unemployment benefits, childcare leave benefits, or maternity or paternity leave benefits by fraud or other improper means, and unemployment benefits may be paid if the grounds for severance do not fall under the grounds for restrictions on eligibility for benefits and meet certain eligibility requirements.

Nevertheless, on May 31, 2017, the Defendant voluntarily retires from the job due to health problems, etc., and submitted an application for recognition of eligibility to receive benefits with false statement on June 8, 2017 to the Incheon Employment Center of the Central Employment and Labor Agency for the reason for departure from employment at the age of 65 and with the expiration of the retirement age, and submitted an application for recognition of eligibility to receive benefits on June 22, 2017 to the same employment center on June 22, 2017, and received unemployment recognition amounting to KRW 372,670 on June 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. D's business owner's confirmation;

1. Report on offender's land, plan and investigation plan for illegally receiving employment security incentives (5th), business trip name, business operator's letter of confirmation, resignation, employment insurance history inquiry, details of supply and demand by unemployment benefits individual, details of business place, application for recognition of eligibility, and application of Acts and subordinate statutes for recognition of unemployment;

1. Relevant Article 116 (2) of the Employment Insurance Act and Article 116 (2) of the Act on the Selection of Punishment for Criminal Facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;